SENATE, No. 321
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Senator LITTELL
An Act concerning the sale or lease of certain county property and amending P.L.1993, c.36.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1993, c.36 (C.40A:12-13.5) is amended to read as follows:
1. a. In addition to any other applicable requirements of law, no county may sell, lease for a term of 20 years or more, or exchange any real property or capital improvement that is greater than one acre in size and valued at more than $50,000, for any purpose unless the county first:
(1) Prepares a report identifying the reasons for, and all advantages and disadvantages and benefits and detriments of, the proposed sale, lease, or exchange; assessing the environmental and recreational impact of that proposed sale, lease, or exchange, including, but not limited to, the impact on endangered species and nongame species as defined and regulated pursuant to P.L.1973, c.309 (C.23:2A-1 et seq.), and endangered plant species as defined and regulated pursuant to P.L.1989, c.56 (C.13:1B-15.151 et seq.); and assessing the environmental and economic value of the real property or capital improvement proposed to be sold, leased, or exchanged under both its current and proposed use;
(2) Makes the report required to be prepared pursuant to paragraph (1) of this subsection available upon request, at no cost or at the cost of reproduction, to the public at least 30 days in advance of the date of the first scheduled public hearing required pursuant to paragraph (3) of this subsection, and at each of the two public hearings; and
(3) Conducts two public hearings on the proposed sale, lease, or exchange at least 14 days apart and at least 90 days in advance of the date of the proposed sale, lease, or exchange. Of the two public hearings, one shall be held in the county seat, and the other in the municipality wherein the real property or capital improvement proposed to be sold, leased, or exchanged is located or, if that is not practicable, in a municipality as close thereto as can reasonably be arranged. At each such hearing, the county shall explain the proposed sale, lease, or exchange and indicate the consideration to be received by the county for agreeing to the proposed sale, lease, or exchange.
Notwithstanding the provisions of this paragraph to the contrary, in the case of real property or a capital improvement that is proposed to be sold, leased, or exchanged which is located within the municipality that serves as the county seat, only one public hearing need be held.
b. The county may assess and collect a reasonable fee from any person to whom real property or a capital improvement may be sold, leased, or exchanged pursuant to this act, which fee shall cover the administrative and any other costs incurred by the county in complying with the provisions and requirements of this act. The fee shall be payable whether or not the real property or capital improvement is in fact eventually sold, leased, or exchanged to such person.
(cf: P.L.1993, c.36, s.1)
2. This act shall take effect immediately and shall be retroactive to February 3, 1993.
STATEMENT
This bill limits applicability of the requirements established under P.L.1993, c.36 (C.40A:12-13.5 et seq.), which sets forth procedural safeguards a county must comply with prior to the sale, long term lease or exchange of county-owned real property and capital improvements greater than one acre in size and valued at more than $50,000.
P.L.1993, c.36 requires a county to provide an environmental and recreational impact report and hold hearings before it may lease for 20 years or more, sell or exchange any real property or capital improvement. This bill would relieve a county from complying with these requirements for transactions involving any real property or capital improvement one acre or less in size or valued at $50,000 or less.
Exempts certain sales and leases of county property from requirement of environmental and recreation reports and public hearings.